HR EXPERTISE (HR KNOWLEDGE)

Sexual Harassment Prevention

Training for Supervisors
June 2020
Introduction
Sexual harassment training is not required under federal law. However,
many states have enacted legislation specifically requiring sexual
harassment training.
Even if not required in a state, the Supreme Court’s landmark decisions in
the 1998 Faragher and Ellerth sexual harassment cases, subsequent court
decisions, and Equal Employment Opportunity Commission (EEOC)
guidelines make it clear that sexual harassment training is essential.
As supervisors on the front line, it is essential that you know how to
recognize sexual harassment and how to respond and prevent it. This
sexual harassment training provides you with that knowledge. Offering this
training also helps us raise a defense and avoid punitive damages in the
event of a sexual harassment lawsuit.

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Agenda
1. What is sexual harassment?
2. Why it is important to prevent sexual harassment in our workplace
3. Sexual harassment judgments
4. Retaliation
5. Our policy and procedure on sexual harassment
6. Your responsibilities as supervisors

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What Is Sexual Harassment?
• Unwelcome sexual advances.
• Requests for sexual favors.
• Other verbal or physical conduct of a sexual nature that affects an
individual’s employment, unreasonably interferes with his or her work
performance, or creates an intimidating, hostile or offensive work
environment.

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What Is Sexual Harassment?
(cont.)
The two forms of sexual harassment are:
• Quid pro quo (Latin for “this for that” or “something for something”).
• Hostile work environment.

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What Is Sexual Harassment?
(cont.)
Quid Pro Quo:
• Tangible employment action against the victim.
• Involves monetary loss or change in job.

Example: Mary Smith receives smaller pay increase based on performance

than other employees with similar performance because she refused to go
out with her supervisor, John Doe.

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What Is Sexual Harassment?
(cont.)
Hostile Work Environment:
• Speech or conduct that is severe and/or pervasive enough to create an
abusive or hostile work environment.
Example: Mike Maloney is leering at and intentionally brushing against Sally
Davis.

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What Is Sexual Harassment?
(cont.)
Hostile Work Environment (cont.)
• In addition to speech and/or conduct, covers explicit or suggestive items
that are e-mailed, texted, electronically provided or displayed in the
workplace that interfere with job performance or that create an abusive or
hostile work environment.
Example: Jill Jones texts and instant messages her co-workers with sexually
explicit jokes and pictures.

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What Is Sexual Harassment?
(cont.)
Who can commit sexual harassment:
• Employees at all levels.
• Customers or vendors.
• Members of the same sex or opposite sex.

Who can be a victim of sexual harassment:

• Individual or individuals targeted by statements or actions.
• Bystanders or witnesses not directly targeted.

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Questions? Comments?

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Why It Is Important to Prevent
Sexual Harassment in Our
Workplace
• Sexual harassment harms us all.
• The most important part of our corporate values is to ensure all
employees are treated with respect and dignity.
• Engaging in, condoning or not reporting sexual harassment is in direct
conflict with our values.
• We want to remain in compliance with Title VII of the Civil Rights Act,
which prohibits sex discrimination (including gender identity and
expression and sexual orientation).
• We want to remain in compliance with similar state civil rights laws and
fair employment laws.

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Why It Is Important to Prevent
Sexual Harassment in Our
Workplace(cont.)
• Liability for the employer may be under federal or state law or civil
litigation.
 The company is always responsible for harassment by a
supervisor that results in a tangible employment action such as a
hiring, firing, promotion, demotion and changes in pay, benefits
or work duties. This would be the quid pro quo type of sexual
harassment.

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Why It Is Important to Prevent
Sexual Harassment in Our
Workplace (cont.)
• If the harassment does not result in a tangible employment action, the
employer may still be liable unless it proves both of the following:
 It exercised reasonable care to prevent and promptly correct any
harassment.
 The employee unreasonably failed to take advantage of the
company’s complaint or corrective policy and procedures.

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Why It Is Important to Prevent
Sexual Harassment in Our
Workplace (cont.)
Liability:
• Many state nondiscrimination laws define “employer” to include individual
supervisors, managers or officials.
• Increasingly these company individuals face an individual liability risk
because many suits contain state law claims.

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Questions? Comments?

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Sexual Harassment Judgments
EEOC remedies for a sexual harassment or sex discrimination complaint
may include:
• Job reinstatement.
• Back pay and benefits the victim should have earned.
• Compensatory damages (paying for out-of-pocket expenses).
• Punitive damages.
• Liquidated damages (in sex-based wage discrimination) equal to the
amount of back pay awarded to the victim.

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Questions? Comments?

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Retaliation
Retaliation is an adverse action taken against an employee because he or
she complained of harassment or discrimination or participated in an
investigation.
Adverse action includes demotion, discipline, termination, salary reduction,
negative performance appraisal, change in job duties or shift assignment.

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Retaliation (cont.)
Anti-discrimination laws prohibit employers from taking adverse action
against employees for asserting their rights.
When an employee complains of sexual harassment to you or to others in
this company or to a government agency, you must not take any action that
the employee may view as punishment or retaliation for filing the complaint.

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Retaliation (cont.)
To succeed in a retaliation claim, an employee must prove the following:
• That he or she engaged in a protected activity, such as complaining of
sexual harassment.
• That he or she suffered an adverse employment action, such as demotion
or termination.
• That the protected activity and adverse action are linked.

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Retaliation (cont.)
To avoid charges of retaliation:
• Document the reason for any adverse employment against an employee.
Make sure that the documentation shows no discriminatory reason for the
adverse action.
• Do not take any adverse action against an employee who has
complained of sexual harassment without discussing with and obtaining
approval from HR.

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Questions? Comments?

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Our Policy and Procedure on
Sexual Harassment

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Questions? Comments?

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Your Responsibilities as
Supervisors
1. Know and comply with our policy and procedures.
2. Immediately report to human resources any complaint that you receive
from your employees or incidents that you witness involving other
supervisors or employees.

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Your Responsibilities as
Supervisors (cont.)
3. In handling sexual harassment complaints from your employees:
• Demonstrate your willingness to hear and objectively discuss
complaints.
• Inform the employee that you must report all complaints to HR.
• Tell the employee that confidentiality will be respected as much as
possible but cannot be ensured in order to investigate fully and
properly.

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Your Responsibilities as
Supervisors (cont.)
4. Do not object if an employee prefers to or actually does bypass the
standard chain of command.
5. Do not engage in retaliation against an employee who complains of
sexual harassment or participates in an investigation.
7. Be available for interviews and provide as much information as possible.
8. Make employees available for interviews.

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Your Responsibilities as
Supervisors (cont.)
Once an investigation has been completed, if disciplinary action is to be
taken, work with human resources to make sure that:
• The victim is not adversely affected.
• The sexual harassment stops and does not recur.

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Questions? Comments?

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Summary
Sexual harassment is unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct of a sexual nature that affects an
individual’s employment, unreasonably interferes with his or her work
performance, or creates an intimidating, hostile or offensive work
environment.

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Summary (cont.)
It is important to prevent sexual harassment in our workplace because it
harms us all.
It conflicts with our corporate value that all employees are treated with
respect and dignity.
Sexual harassment and retaliating against an employee who complains of
sexual harassment are illegal under federal and state laws.

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Summary (cont.)
The two forms of sexual harassment are quid pro quo and hostile work
environment.
Retaliation is taking adverse action against an employee who has
complained of sexual harassment. It is just as illegal as sexual harassment
and is strictly prohibited in our company.

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Summary (cont.)
Your responsibilities as supervisors include:
• Complying with our policy and procedures.
• Immediately reporting any complaints you receive or incidents you
witness to HR.
• Handling complaints from your employees in accordance with our policy
and procedures.
• Never retaliating against an employee who complains of sexual
harassment.
• Assisting with investigations and disciplinary action.
• Ensuring that victims are not adversely affected.
• Making sure that sexual harassment stops and does not recur.
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Training Evaluation
Please complete the evaluation sheet you received with your handouts.
Thank you for your interest and attention!

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